KUALA LUMPUR: Individuals found liable by the Anti-Bullying Tribunal who fail to comply with its orders could face criminal penalties, including imprisonment, under the Anti-Bullying Act 2026.
Tribunal president Nurul Husna Awang said its awards are final and binding, although they may still be challenged through judicial review as provided for under the law.
More significantly, she said, perpetrators who refuse to comply with a tribunal award could face enforcement action under Section 44 of the Act, which provides for fines and imprisonment for non-compliance.
ALSO READ: Tribunal launched to provide second avenue for bullying victims to seek justice, says Azalina
"The award will be registered in court, which means it becomes part of a civil judgment.
"If there is non-compliance, there are provisions under Section 44 that impose penalties, including imprisonment," she told a press conference after the launch of the tribunal here on Tuesday (June 16).
Nurul Husna explained that complainants must notify the authorities if a perpetrator fails to comply with an award, such as refusing to pay compensation.
"The complainant must inform us that the perpetrator has not paid or complied.
"Once we have assisted in registering the award in the civil court, the tribunal’s role is essentially completed.
"There are then two possible avenues – civil enforcement through the courts, or criminal action for non-compliance," she said.
Under Section 44, a person who fails to comply with a tribunal award within 30 days may, upon conviction, be fined, or jailed for up to two years, or both.
Where compensation or damages have been ordered, the fine may amount to twice the value of the compensation awarded.
ALSO READ: Government launches anti-bullying tribunal portal for schoolchildren
Nurul Husna said a police report would have to be lodged before criminal proceedings for non-compliance could be initiated.
"For imprisonment to take place, the complainant must first lodge a police report regarding the non-compliance.
"From there, the Attorney General’s Chambers will take over because imprisonment must go through the normal court process," she said.
She added that tribunal awards of up to RM250,000 would be registered with the Sessions Court for enforcement purposes.
On cases involving anonymous social media accounts or perpetrators located overseas, Nurul Husna said the tribunal would seek assistance from the Malaysian Communications and Multimedia Commission (MCMC) to identify those responsible.
